LFP Seeks to Toss 'Humble Hustler' Trademark Application

ATLANTA — LFP Inc. has filed a motion for default judgment with the U.S. Patent and Trademark Office trial and appeal board against the operator behind HumbleHustler.com, who sells "lifestyle and attitude" apparel for men and women on the site's online storefront and had sought a trademark for the brand.

LFP, in its initial brief filed in late August, claimed that it opposes an application for "Humble Hustler" for a U.S. trademark because it has a mark for the "Hustler" brand and that the entire application should be void as a fraud on the U.S. Patent and Trademark Office.

In the case, the applicant, Denee Adams of Georgia, had applied to use the trademark "Humble Hustler" for a laundry list of consumer soft products  — numbering in the hundreds — including A-shirts to snow suits to yoga pants. Adams' company, according to court records, started up the website in May 2013.

But LFP, which owns the Hustler mark for an equal amount of consumer goods both adult entertainment- and mainstream-oriented, told the appeal board that the Hustler trademarks "have become distinctive and the public has come to know the Hustler marks as an indication of goods and services that originate" from the longtime adult entertainment company and that there is a likelihood of consumer confusion over the "Humble Hustler" brand.

Further, LFP attorneys said, Adams had produced and marketed only three goods so far — crop tops, T-shirts and tank tops — against USPTO application rules that necessitate for them to be used in commerce when a trademark is applied for.

"As applicant has not used the mark in commerce in connection with all of the identified goods since the date alleged in the declaration, the entire application should be void ... as a fraud on the Patent and Trademark Office," LFP attorneys said.

Adams, who did not respond to XBIZ over the trademark case, operates the "Humble Hustler" online apparel shop to "recognize the necessity of maintaining the integrity and dignity to be humble, nevertheless behind success of any man or woman … is the hustler," according to its online mission statement.

LFP, however, sees it another way. The company feels it has been hustled over its "Hustler" brand and won't have any part of it.

"Hustler is a famous brand and trademark recognized the world over, and, as such, is subjected almost weekly to unauthorized parties trying to hijack its name," LFP spokesman Arthur Sando told XBIZ. "We are increasingly aware of this and staunchly vigilant in our efforts to take whatever legal actions necessary to protect the Hustler identity."

Last month, LFP has moved for a default judgment last month against Adams because she's failed to respond to the proceeding. The appeal board has yet to act on the motion for default judgment.

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Clip Page Launches 'Creator Analytics' Feature

Custom content marketplace Clip Page has launched the Creator Analytics feature on its platform.

BasisDx Adds Subscription Option for 'Pro13' Home Testing Kit

PASS-certified home testing kit provider BasisDx has added a subscription model option for its Pro13 kit.

Violet Myers, Jasmine Sherni Star in Latest From Brazzers

Violet Myers and Jasmine Sherni star with Dyawne Foxxx in the latest release from Brazzers, titled "Trapped and Tapped."

BBWXXXAdventures Relaunches Through Grooby's Blue.xxx

Paysite BBWXXXAdventures has relaunched under Grooby's new website management company Blue.xxx.

UK Performer Rebecca Jane Smyth Passes Away at 51

Veteran British performer Rebecca Jane Smyth has passed away, according to her longtime friend, Tanya Virago. She was 51.

Brazzers Debuts Limited Series 'Gamer Stepmom'

Brazzers has released the first installment of its new limited series, “Gamer Stepmom.”

Melanie Rose to Host 2025 XBIZ Honors

Melanie Rose, host of the popular Netflix show “How to Build a Sex Room,” will MC the retail edition of the 2025 XBIZ Honors, set to take place Jan. 18 at the iconic Roosevelt Hotel in Hollywood.

Vixen Drops Final Installment of Crossover Feature 'Long Con'

Vixen Media Group has released the fourth and final installment of "Long Con," the crossover feature from its studio imprints Vixen, Blacked, and Tushy.

Alyssa Bounty, Angelika Grays & Annalisa Atomic Blonde Star in Latest From MixedX

Alyssa Bounty, Angelika Grays, and Annalisa Atomic Blonde star in the latest release from MixedX, titled “Crimson Hollies.”

Jayne Calloway, Zariah Aura Star in Latest From TransAngels

Jayne Calloway and Zariah Aura star in the first installment of “Clueless and Horny as Fuck,” the upcoming two-part series from TransAngels.

Show More